EMPLOYEE’S COMPENSATION ACT, 2010

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LAWS OF THE FEDERATION OF NIGERIA  

EMPLOYEE’S COMPENSATION ACT, 2010

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EXPLANATORY MEMORANDUM

This Act repeals the Workmen’s Compensation Act Cap. W6 Laws of the Federation of Nigeria, 2004 and makes comprehensive provisions for payment of compensation to employees who suffer from occupational diseases or sustain injuries arising from accident at workplace or in the course of employment.

ARRANGEMENT OF SECTIONS

SECTION – PART 1 PRELIMINARY PROVISIONS

1. Objectives of the Act
2. Scope and application, etc.
3. Exemptions

PART II PROCEDURES FOR MAKING CLAIMS

4. Employee’s notification of injury
5. Employer’s obligation to report death, injury or disease of an employee
6. Application for compensation

 PART III COMPENSATION FOR DEATH, INJURY OR DISEASE

7. Compensation for Injury
8. Compensation for mental stress
9. Compensation for occupational disease
10. Compensation for hearing impairment
11. Compensation for injuries occurring outside the normal workplace
12. Limitation of actions, subrogation, etc.
13. Compensation cannot be waived
14. Contribution by employees for compensation prohibited
15. Compensation not assignable or liable to attachment
16. Vocational rehabilitation, etc.

PART IV SCALE OF COMPENSATION

17. Compensation in fatal cases
18. Compensation relating to enemy warlike actions
19. Period for making payments
20. Proof of existence of dependants
21. Permanent total disability
22. Permanent partial disability or disfigurement
23. Period of payment for permanent total or partial disability
24. Temporary total disability
25. Temporary partial disability
26. Health care and disability support
27. Duty of accredited medical practitioner and other specialists
28. Retirement benefits
29. Payment of retirement benefits
30. Reconsidering benefits

PART V POWERS AND FUNCTIONS OF THE BOARD

31. Powers of the Board
32. Functions of the Board

PART VI EMPLOYERS’ ASSESSMENT AND CONTRIBUTIONS

33. Employers’ contribution to the Fund
34. Assessments
35. Assessment Payable
36. Liability for assessment, etc
37. Assessment rates
38. Employer classification
39. Employer to provide estimate of payrolls
40. Statement and estimate of earnings
41. Employer’s experience accounts
42. Super assessment
43. Merit rating
44. Liability for assessment of independent contractors and sub-contractors
45. Security for payment of assessment or provision of security
46. Penalty for non-payment of assessment or provision of security
47. Decision of the Board
48. Provisional assessment
49. Temporary industry
50. Employer commencing or recommencing a business
51. Employer ceasing to be an employer
52. Records of remuneration and operations
53. Examination
54. Enforcement powers
55. Right of appeal

PART VII – FINANCIAL PROVISIONS

56. Establishment of the Compensation Fund
57. Management of the Fund, etc.
58. Expenditures of the Fund
59. Annual estimates, etc.
60. Accounts and audit
61. 6 Annual reports, etc.

PART VIII ESTABLISHMENT OF THE INVESTMENT COMMITTEE, ETC

62. Establishment of the Investment Committee
63. Functions of the Investment Committee

PART IX – MISCELLANEOUS PROVISIONS

64. Power to make regulations
65. Providing false information
66. Confidentiality
67. Non-Compellability
68. Records and notices
69. Illiteracy
70. Priority as to amounts due to the Fund in the case of employer’s insolvency
71. General penalty
72. Repeal of Cap. 470 LFN and Savings
73. Interpretation
74. Citation

Schedules

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EMPLOYEE’S COMPENSATION ACT, 2010

An Act to repeal the Workmen’s Compensation Act Cap. W6 LFN, 2004 and to make provisions for compensations for any death, injury, disease or disability arising out of or in the course of employment; and for related matters.

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ENACTED by the National Assembly of the Federal Republic of Nigeria

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